GOKULCHAND DWARKADAS MORARKA Vs. KING

JUDGEMENT

(1.) This is an appeal by special leave from the judgment and order of the High Court of Judicature at Bombay dated 5 September 1946 setting aside the acquittal of the appellant of an offence under Cl. 18 (2), Cotton Cloth and Yarn (Control) Order, 1943, by the judgment and order of the City Magistrate of Sholapur and sentencing the appellant to undergo rigorous imprisonment for one month and to pay a fine of Rs. 1550.

(2.) The facts giving rise to the prosecution of the appellant were stated in a written report made by Mr. Mulik, Sub - Inspector of Police Food Control Sholapur to the Sub - Inspector of Police, Sholapur, on 24 January 1945. The report which is Ex. 1 "l" was in the following terms : "I, Raghunath Santaji Mulik, Sub - Inspector of Police, Food Control, Sholapur give in writing as follows : Having got information that there were cloth without "Textile" mark and grain hoarded in the bungalow situated at Motibag belonging to the Old Mill at Sholapur. Mr. Yasin Ansar Bhai, the Inspector of Police took search of the said bungalow on the date 4 August 1944; but as it drew dark, the search of the outhouse pertaining to the said bungalow remained to be taken. Therefore, the rooms of the said outhouse were sealed. On the 5 August 1944, the Inspector of Police ordered me to take search of the said outhouse. In pursuance thereof I took search of the said outhouse. In the same, Dhoti pairs 196 (measuring) 1903 1/4 yards with a name in the borders; Dhoti pairs 426 (measuring) 3804 1/4 yards with no name in the borders; Patals (Sarees) 25 (measuring) 125 yards; and muslin pieces 3 (measuring) 60 yards in all, 5892 yards of cloth without "Textile" mark were found. All that has been seized after making a Panchanama. Mr. Gokulchand Dwarkadas Morarka is the agent of the Sholapur Old Mill. Whenever he comes to Sholapur he puts up in the bungalow situated at Motibag. Mr. Gokulchand Dwarkadas has purchased from the said mill by oral order the aforesaid cloth between the dates 2 December, 1942 and 15 March 1943 for his own use; and all that cloth has been taken and kept in the said bungalow on the date, 2 August, 1943. As Mr. Gokulchand Dwarkadas Morarka has been staying at Malad, I went to Malad and took search of his house. Whatever clothes of daily wear were found in the same, were sufficient (for use) to him and the members of his family. Accordingly, a Panchanama of the clothes in his house was made. As Mr. Gokulchand Dwarkadas Morarka has kept with him cloth in excess of what was necessary, I have a complaint against him on behalf of the Government according to Cl. 18 (2), Cotton Cloth and Yarn (Control) Order (of) 1943."

(3.) For the purposes of the present appeal, it will be assumed that the facts stated in that report were proved and constituted an offence under Cl. 18 (2), Cotton Cloth and Yarn (Control) Order, 1943.